November 8, 2018

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Supreme Court Decision on Age Discrimination

In the first Supreme Court decision of the season, the Court decided unanimously (8-0) on a case that could impact the smallest of school districts. In Mount Lemmon Fire District v. Guido the justices determined that the Age Discrimination in Employment Act (ADEA) must apply to all public employers, regardless of size. It was previously held that only employers with over 20 employees could be held to the ADEA.

What is the ADEA and how does it impact school personnel? The ADEA holds that employers cannot discriminate based on age. Normally, it is used to discourage using old age as a reason for firing or not hiring an employee. How does this impact school districts? Since 1974, most districts have been covered by ADEA without much impact. Superintendents of districts with fewer than 20 employees – be cognizant now that you do not explicitly use age as a reason to fire or not hire an individual. Superintendents with 20 or more employees – this is not a change, but still be cognizant that you do not explicitly use age as a reason to fire or not hire an individual.

Education Week posted an overview of the issue here.


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